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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Steven M. Greeley ) File No. EB-FIELDWR-13-00011032
Owner of Antenna Structure No. 1235808 ) NOV No. V201332940020
)
Lake Havasu City, Arizona )
NOTICE OF VIOLATION
Released: September 12, 2013
By the District Director, San Diego Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)^ to Steven M. Greeley (Mr. Greeley)
registrant of antenna structure #1235808 in Lake Havasu City,
Arizona. Pursuant to Section 1.89(a) of the Rules, issuance of this
Notice does not preclude the Enforcement Bureau from further action if
warranted, including issuing a Notice of Apparent Liability for
Forfeiture for the violations noted herein.^
2. On August 27, 2013, an agent of the Enforcement Bureau's San Diego
Office inspected antenna structure #1235808 located in Lake Havasu
City, Arizona, and observed the following violations:
a. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." The antenna structure was required to be painted
and at the time of the inspection, the agent observed that the paint
was partially faded for antenna structure #1235808.
b. 47 C.F.R. S 17.57:" The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." Although
antenna structure #1235808 has been constructed, the FCC's Antenna
Structure Registration database shows the structure's status as
"granted."
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violation and any remedial actions taken.
Therefore, Mr. Greeley must submit a written statement concerning
this matter within twenty (20) days of release of this Notice. The
response (i) must fully explain the violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct the violations and preclude
recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.^
4. In accordance with Section 1.16 of the Rules, we direct Mr. Greeley to
support his response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by him, verifying the truth
and accuracy of the information therein,^ and confirming that all of
the information requested by this Notice which is in the registrant's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.^
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
San Diego Office
4542 Ruffner St., # 370
San Diego, CA 92111
6. This Notice shall be sent Steven M. Greeley, at the address of
record.
7. The Privacy Act of 1974^ requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 403.
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S 1.16.
^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission